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Showing results for tags 'agreement'.
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Hi, I’ve been lurking on the forums without posting as of yet, a lot of info here has helped me take the right steps to VT my agreement with MotoNovo. thanks firstly. Sat the end of Feb 2014 I decided to Voluntary Terminate my Hire Purchase agreement with MotoNovo. It was 5 years HP, and I’d only had the car around 12 months but for one reason or another I needed out and accept I have a present liability to settle up to the 50% mark on the agreement . I wrote to MotoNovo around 20th February informing them I wish to VT. I received a reply around 7 working days later, to explain Manheim would collect the car which they did on the 12th March. I knew they would sting me with their additional charges for “excess miles, condition” etc which I know is a load of tosh as per the CCA (as the car was second hand, in good condition and fair wear and tear etc). I received a letter dated 18th March from MotoNovo, stating they accept the VT but that on top of the £4.9k liability (which is wrong as a further payment was sent to them on 5th March) they also want to add on almost £2k for their charges following the inspection report. It says payment should be made within 30 days, a further paragraph goes on to state “…failure to make payment within 30 days of the date on this letter, will result in your agreement being noted as terminated with default liability…”. I replied to this letter on the 4th April 2014 (via RD, they received it) explaining I am happy to pay the remaining liability to settle the agreement minus the additional charges from the inspection report. Today I’ve received an alert from Equifax that my credit report has changed, and low and behold my agreement is now marked Defaulted as of 10th April. My issue and the reason I am now posting is regarding the default notice. The 30 days given in order to settle the agreement isn’t up yet as per their own letter. My question is do they have the right to mark the agreement (at this stage) as defaulted? And does the extract above from their letter cover them in terms of issuing a formal notice of default letter? Any help/advice on this would be massively appreciated. I feel like I’ve got a fight on my hands with this one… since I arrived home. I've received a letter dated 4th April 2014 advising that after the sale of the vehicle the settlement amount is now £4.1k, and will be reduced by 20% if paid within 7 days (passed that before the letter even arrived!). If payment is not made the account will be sold to debt collection agency. No mention of any of the points raised in my last letter, although it does appear the £2k charges from the inspection have been wiped (unless the car sold 2k over at auction?) I made a quick call (in addition to the letter I will send to back it up) with one of their agents who was very surprised at what had happened re: default, as he was in agreement to 30 days being outstanding, after a quick consultation with his manager he quickly fell back into party line and informed me "marking the agreement as defaulted is what we normally do when someone VTs the agreement until the amount is settled, but once you've paid the amount the the defaulted mark will be removed". Maybe I'm cynical but I'm dubious over this, my instinct is don't pay a penny until they've removed the defaulted marker. -
Hi i would be grateful for any clarification other caggers can provide. LTSB Gold Service Payment application form circa 1990's. across the top of the application 'Lloyds Bank Gold Service Payment/Photo Card Application Form' underneath Credit agreement regulated by the Consumer Credit Act 1974. this is very confusing as part of the document states under 'Security' 'the overdraft facility made available under this agreement is unsecured and shall not be secured or treated as secured by virtue of any mortgage, charge or other security which i/we may have already given (or may in future give) to you. does this then mean that if there is a dispute that LTSB cannot enforce to change the 'unsecured' to 'secured' via a CCJ ? then further down it states 'to be considered for a Lloyds Bank Gold Service Payment Card you must sign in the box below' this implies to me the A4 form is an application form and not an agreement, however in the signature box it refers to 'this is a Credit Agreement regulated by the CCA' has anyone else come across this? and what is the position. Thank You -
Hi, My apologies if this issue has been posted already, I couldn't find similar issue. I bought a second hand car in September. The car is just under 11 year old. I was given the "MOTOR VEHICLE REPAIR AGREEMENT" for 6 months. I drive the car only on weekend clocking up no more than 30 miles a week. Until last weekend I drove to Paris. Everything was fine until, on my way back I heard a funny noise on the brake. When I stopped and checked I realized the pad is totally gone and its has damaged the disk. There is no warning nor any sign whatsoever. I didn't contact the insurer yet I wanted to ask for advice what I should do. I believe the break sensor is faulty as it failed to warn me (even the sensors is still off). thank you very much in advance.
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Hi all I have received a date for a county court hearing regarding an outstanding balance on an old Welcome HP agreement. I bought a car on hp 10yrs ago but about a week later, the car fell to pieces and was returned to the dealer. They eventually provided me with a different vehicle but did not give me a new hp agreement to sign. So, the only agreement in place details the vehicle that was returned. There is no signed agreement on the new vehicle. I kept up payment for a few years but eventually came into difficulties and payments ceased. Fast forward a few years to 2013, application for CCJ received, which we defended and a stay was granted. Heard no more until now, received witness statement which says a hearing is listed. My main qustion is, can they enforce this as the vehicle on the agreement was taken back, they have confirmed this in their witness statement, The HP agreement says to terminate the agreement I should return the goods and the creditor is then entitled to half the total amount payable under this agreement. They confirmed the vehicle was returned and by the time payments ceased, I had paid more than half. Yes, another vehicle was provided but this vehicle is not on the HP agreement which they say I am bound by. Any advise would be greatly appreciated. many thanks
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Hi from a CAG virgin. I have a company in liquidation after our largest client went bankrupt owing us £150k and want to include a van in the liquidation. The hire agreement says the 'hirer' is my company and therefor as far as I was led to believe a company hire agreement. They (Leaseplan UK) say this is a personal Hire Agreement which is regulated by the Consumer Credit Act 1974. Who could I send this to for confirmation. Local solicitors want £600 to read a 5 page document. There is about £7000 redemption on the vehicle or 2 years to pay £235/month. Love the site and hope to be active in it. i will certainly donate regards Ian -
Those of you that happen to have the Enforcement Agent (EA) and demanding money to clear your debt you really should get to grips with what is a must on these forms, and what happens if you cannot keep to the agreement... Please have a read here as it could help you understand CLEARLY what could happen in this case for the link it is here https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/bailiff-has-issued-you-with-a-notice/bailiffs-notices/controlled-goods-agreements-bailiffs/ As you can see the EA MUST follow a strict regime before a CGA is correct.... The link has visual forms that you can read now and get to grips with it. Most of all the person signing it must either be you or someone the has your PERMISSION to do so. Whether or not the EA believes that the 3rd party has a verbal agreement that they can sign for you, it does not state that this needs to be in writing, this could cause issues if the other person is your partner. So maybe consider not giving your permission in the first place then the CGA will be void if a 3rd party signs it without permission... Finally this If a Controlled good agreement doesn't keep to the rules If a controlled goods agreement doesn't keep to these rules, the bailiff won't have control of your belongings and you can do the following: refuse to let the bailiff in if they try to come back – they won’t be allowed to force their way in write to the bailiff firm to explain that you will not be making any payments under the controlled goods agreement because it isn’t valid take the bailiff firm to court to get your belongings back, if they've already been taken. If you’re given a controlled goods agreement that doesn’t keep to the rules, this can give you more time to look at other options to stop the bailiff action, such as: negotiating with your creditors to pay back what you owe applying to the court to suspend the bailiff action choosing a formal debt solution, such as a debt relief order or bankruptcy. Please spend time reading all of the links within the original link it will be of use to you in the long run... -
I am so angry. bank holiday ruined by Welcome. My husband took a loan out with welcome in 2006, we borrowed a little more in 2008, however we paid this off about 3 or 4 months later, in full when we sold our car. We have recieved letters from IND and welcome saying they are chasing the money, following the letters i wrote to them asking why they hadnt marked an account as settled from 2008! We also wrote to them a year ago about PPI and they said he had none, there letters now say we did. They also said that there is copy agreeemnts and letters that we have apparantly sent in the mean time. none of which were included. i am not happy at all as we are trying to get a mortage through and they are claiming they are putting him in court. I cant beleieve that a company like welcome would regiser a default in 2009 and not chase until 2013. also i know this was paid off in 2008. but the credit files say default 2009. i am at a little loss, what do you do. Thank you all. x -
Hello, I am after some advise please to help with my defence as to whether I can seek and obtain copies of any transactions relating to my load account with Lloyds prior to the sale to Cabot and if whether the sell price can be admissible in the balance I should be paying to Cabot as opposed to what they've put claim in for. Recently been served with a CCJ for defaulting on installment repayment for an unsecured loan I obtained from Lloyds TSB in 1994. The agreement of sale points to this taking place in Oct of 2012. I need advise also on how and if I qualify for PPI , as this can perhaps be what I can repay the outstanding amount owed. The loan was unsecured. -
Hi this is a bit complicated by here goes I took out a loan in 2006 with Creation finance one of those buy now pay later deals. Due to financial difficulties I was unable to continue with the repayments from August 2008, and I had assumed that the account had gone into default. In the middle of 2009 I contacted Creation finance and offered them a partial settlement and after some wrangling they agreed that they would accept what amounted to two thirds of the debt and not chase me for any more. I cant remember if they accepted my terms as full and final or partial settlement, but it was probabally the latter. I paid of other creditors in the same way, and never really looked for credit again. Then in 2013 I started getting letters from Cabot demanding payment of the outstanding balance, and of course I lost the correspondence between myself and creation re the partial settlement of the debt. I ignored all letters from Cabot and then went and checked my credit file. With regards to this loan, my payment status on my credit file was 6 from feb 2009 until August 09 (which means that I prob hadnt paid anything since at least Aug 2008) then in sept 2009 it shows a 1 status, this is where I had paid of 2/3 or the debt, then the non payments reset and ive been at a 6 status since February 2010 Creation Finance only issued a default against me in January 2013, when it should have been done around feb 09 six (ie 6 months of no payments) or because i reset the debt clock by making a partial settlement in sep 2009 a default should have been issued in march 2010? I did a SAR but of course there is absolutely no information from them regarding this Loan after 2009, no record of our correspondence re the partial settlement. I had a couple of other loans with them previous to this and the Payment protection insurance on three of them amounts to more than Is outstanding on this debt In reality what I really want is this default removed from my credit file, so what can i do, Cabot finace have resorted to phoning my neighbours to find out if I'm still living at my current address which I think is very poor form and very embarrasing for me -
Will someone please copy and put up here the terms and condition of the insurance. Would you also let us know 'exactly' what was said to you in the description of the policy, what was covered and what personal questions were asked about you? -
Hi If this is in the wrong section please feel free to move Last week I was looking for a storage container to put my household possessions on when we move. I looked at a container that was too big for us but needing on sharpish I agreed to take one and signed his sheet with my bank details etc. I hadn’t picked up my bank card and had no money on me so they guy gave me a key for the container and I said I would pay the next day via phone. That night we decided it was too big and expensive so I sent the guy a message the next day via text saying I would not be needing the container and will post his key back (this container yard was not always manned, sent key back to main site 20 miles away) He did try calling me that day, and again later that week but I did not return his call Today he has emailed me saying that he wants 1 month container rent that I agreed to pay (£160), if not he will pursue through small claims court My question is, do I have to pay this payment as I have never set foot in the yard or touched the container since I left the yard when he gave me the key? Is there not a cooling off period etc? Any advice will be much appreciated Thanks W
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Hi all, I'm afraid that I've been a bit silly. My son has lived in a flat for years with some old friends and recently one moved out. They replaced him with another boy who they didn't know and had to sign a new joint tenancy agreement. With the first one, I filled in an application and signed a deed of guarantee in addition to signing a box on the tenancy agreement itself saying 'Guarantor'. All of the other parents did the same. This time, I only saw the page I needed to sign and signed in the Guarantor box, didn't fill in forms/sign anything else, as did the other parent. The new boy is employed so didn't need a guarantor. The fixed term has now come to an end and my son and his friend have moved out. Unfortunately the other boy won't budge. Will I have to pay to cover this? I'd only intended to cover my own son. I've since seen the whole contract and the only reference it makes to a guarantor is in the definitions section where it says that the guarantor is responsible for discharging the tenants obligations. So essentially I have two questions: 1) Did signing in that Guarantor box officially make me a Guarantor or is it invalid because I haven't filled in anything else? 2) Do I still have to cover costs once the fixed term is over? Any help with this would be greatly appreciated! -
Hello Friends, My employer (a large investment bank) made me redundant in just seven months and offered the settlement agreement as usual. I was handed the agreement at the end of day on 01-May and asked to sign and send it back to them by 07-May, after receiving advise from a qualified solicitor on the settlement agreement. The employer gave me three months redundancy. Is it okay for them to give so little time. FYI, 02,03 and 04 May were bank holiday. Thus I could start finding a solicitor only on 05-May and post the agreement on 06-May so that the it reaches the employer on 07-May. I was given so less time to fully appreciate the agreement and as I retro-inspect today, I realise that I had worked overtime everyday for an extra hour, several midnight support and weekend support. Please help me to understand what my legal position is? Can an employer give so less time to sign the agreement? Should my solicitor not have won more time for me from the employer? I believe my solicitor failed me as well. I am aware that ACAS recommends minimum ten calendar days should be given to the employee. The solicitor could have used this practice guideline to get more time from the employer. However he did not do any thing of this sort and rather advised to sign and send as soon as possible. He was paid 500.00 pounds for this as service fee. Does it not count as poor service by the solicitor?
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Hi there, I've been on the Work Program for about a month, they're useless, but it's something I can put up with. For reference I only claim standard JSA. But that said, I've been sent (via post) of an action that I never actually made any formal agreement to. So I wonder, are WP providers legally able to make applications to anything (job fairs, training courses, or even actual jobs) without discussing them with you and without you agreeing to it? And what would be the best course of action to challenge (or prevent) any of these that possibly come up in the future? Cheers -slargfish -
Hi all, I made a big mistake and took out a Ladder Loans loan for £400. Two days later I awoke in a sweat and knew I needed to make good this awful error. I telephoned them and notified them of my intention to cancel under the CCA 1974. I paid the balance of £401.61 and asked them if it would be registered to the CRAs. They said it would, which I found hard to swallow. I have cancelled the credit agreement in the cooling-off period and believe they cannot record the loan with the CRAs. Am I right in thinking this? Also, they have emailed me confirming settlement of the loan, not cancellation of the credit agreement. Are they trying to pull a fast one here? Any help is gratefully received. Thanks.
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I went into my local store last Friday, Signed up as a new customer, as my wife was already a current customer. So I went in after signing up online which i got approved for. Signed up to a new contract/agreement with them paid first week and bit bill. Was told they had in stock and could deliver Saturday Saturday came and went and after arguing on the phone was told they were just too busy instore to deliver. Promised they would deliver today. Now I rang after no one had shown up by 5.30pm to be told they were no longer going to supply as they had had an email from head office saying there was an issue with the credit or something. Simply putting it they wouldn't supply with the item. Now are they allowed to do this as credit check was done online.Went in store with all documents and they seemed fine with that, signed agreements etc and was given delivery date??? -
this just happened to a friend. .. warrant was issued 12 months ago to old address AFTER the new rules came into force. the 12 month period has just elapsed, my friend expecting that "it's safe to come out now" contacted the bailiffs by phone. Note, my friend was found and contacted about a month ago only by email and no evidence has been provided so far to confirm the debt was valid, they sent each other a couple of emails mainly disagreeing with each other. It turns out that one of the emails sent by the bailiff (2 days before 12 months passed) was their idea of a "payment agreement".. . of course this was never acknowledged of agreed to by my friend and the exact wording I am waiting to find out, can the bailiff simply create this payment agreement without agreement from the alleged debtor? The result is that the bailiff has reset the 12 month clock with a simple email. Please someone tell me this isn't right. Thanks -
I invited a local estate agent to view my property for evaluation in early May 2010. I also invited another agent for the same purpose a week later. I invited agent (a) to revisit my home to take the listing. They backdated their signature on the Sales Agreement by nine days, without my knowledge or authorisation. My signature reflected the correct date of the Sales Agreement. The agent did not advise me that by placing my initials in a box contained within the Terms and Conditions of the HIP Pack, I was waiving my rights to the seven day "cooling off" period. They said that they had me do this so that they could proceed with the HIP which was abolished six days after I had signed the Sales Agreement, leaving me liable for the cost of the HIP and their listing fees, should I change my my during that seven day period. They instructed their own conveyancing solicitors to send a questionnaire re the HIP Pack. It was dated the 18 May 2010. giving no time for me to process the paperwork and send it back to them before the HIP Packs were abolished on the 20 May, 2010. Three years later, they started to pursue me for the cost of the HIP Pack. They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire. The Judgment arrived in April 2015. There had been no demand for payment of the HIP Pack and their Listing Fees, + VAT until 2013. I have successfully had the judgment stayed. The other party did not show up in court. They have until the 31st July, 2015 to respond to the Court. After that date has elapsed, the case will be struck out. They continued to list it until end 2011, when they removed it from their listings as they said that my property was too expensive, and had not negotiated a more realistic selling price. There were no negotiations during that listing period, and they had recommended the asking price! I had already reduced the price in 2010, at their request, and then relisted with them in 2011, at their suggested figure, which was £15,000 over the previous year. Following the Judgment, the estate agent sent the sheriffs to me, ignoring the Court's Stay of Writ. The sheriffs advised that they would be here Stay of Writ or not. The estate agent ignored the Stay. I was in a state of shock for some considerable time following the arrival of the Judgment and the sheriff's unexpected appearance. None of the major relevant agencies are interested in this situation, all giving varying reasons for their lack of interest. I wonder what the forum makes of this situation. I seems ludicrous to me that there is no recourse open to me, considering the amount of anguish and trouble that I have been subjected to, I should mention that I am a 74 year old lady, and feel that I have been thoroughly taken advantage of. The other, obvious concern, is that as the relevant agencies are disinterested, the agent is free to continue similar practices. -
Edit....Sorry title should read: Removing one tenant from an agreement where violence and abuse is. I'm asking this question for a friend. A friend of my daughter is having to move out of a property that is in joint names with her husband, she has contacted the housing association (Sanctuary housing Shropshire) who have told her the only way she can get her name removed from the tenancy is to get her husband to sign and agree, well this can't happen as she is leaving because of violence and abuse towards her. She has already secured another private property for her and her children which her husband doesn't know about yet so can anyone tell me what she can do because there is no possibility of her husband signing to release her from the tenancy. -
Could I please have opinions as to whether this guarantor agreement linked below would be legally upheld - the landlord referred on this to is actually the letting agent, and the witness is also an employee of the same agent. A county court claim has been issued for an amount of rent oustanding less than £1000 but has nearly doubled due to their charges and fees despite the claim form stating no solicitor has been instructed... No breakdown of fees was given with the tenancy agreement (referred to as an appendix but not provided) and has been requested twice but not provided so we are minded to dispute the claim based on the unreasonable fees (the rent is still being paid by the tenant) http://s6.postimg.org/hcha1cpm9/img023.jpg http://s6.postimg.org/god0w5ga9/img024.jpg http://s6.postimg.org/th14w2rw1/img025.jpg Any views welcome please -
Hi, I would like to know if anybody could shed any light regarding LLoyds and Welcome Finance; I have written to LLoyds regarding the PPi mis sale , May 2002 loan, they agree that they are indeed the Underwriters but Welcome is responsible; I am awaiting Welcomes response - probably a negative one; I would also like help with a mechanical breakdown issue with additional insurances that I was forced to buy in April 2002; I have approached Welcome and they responded saying that they did not have to pay out because a High Court ruled that a ' Scheme' had been put in place in 2011 for 2 months and that I should have claimed then which I did to no avail; having scrutinised the agreement, I thought I'd approach Royal and Sun Alliance whose name appears on the HP agreement for the car as the Insurer/Broker - Royal Sun Alliance did respond and I have this in writing stating that they never sold this type of insurance back the - strange? I have also been in touch with the FOS regarding the PPi I was forced to buy yet could not use when I suffered back pain; I have submitted a GPs letter to each of the Underwriters as to why my claim was rejected and am waiting for their reply too; what can I do now; please can someone advise, thanks -
Hi guys I have an old Kays catalogue 2010 that is on my credit report and has had a CCJ applied 2014. I took the catalogue on from my mum originally but never signed an agreement. I then ended up moving house twice and knew nothing about the CCJ until now. What do i do? I could either get the ccj put aside which i think i have to do a n224 form for and comes with a fee. Question will i have to go to court to set it aside as im a nervous wreck. My other option would be to challenge the debt because its not signed. I dont have a credit agreement so i cant check whether there are any loop holes. If i do this has anyone got a draft letter they could provide me as i havnt a clue about laws and stuff like that. if anyone chooses to reply please bear in mind im not very good understanding legal stuff Thanks for looking x -
Hi, I'm new here and hoping for some help. I have been dealing with a certain technology company (don't want to name them at this point) regarding a TV problem I have had for months. It came to a point where I was receiving so much confusing/differing information that I decided to write to Head Office to get my issue resolved (faulty TV). The next day after sending the letter, I received a call from their consumer relations group apologizing for all my trouble and they told me they will definitely be sending me a replacement - they used the word definitely at this point and said the replacement was confirmed by head office. They told me that they just need to see whether I would get the replacement before pick up of my current TV, at the same time etc. Next day I was called by another person, apologised to and told that the TV has to go to an assessment centre first as they didn't realize it hadn't so far (even though this was clear in my complaint letter and all communication with them thus far) before applying the appropriate remedy. I was incensed, because this was a classic example of the type of confusing information i've been given so far. There are many reasons it hasn't gone to an assessment centre so far, but my question is, was the original agent's promise/agreement binding? They told me in no uncertain terms that I would be getting a replacement and it was already approved by head office. I am seeking a recording of the conversation at the moment. Thanks for any help. -
Hello, I have a friend (female) who is in a bad relationship and wants very much to walk away from it. Unfortunately, as a single mother of 2 young children, she struggles financially. Last year when her car became to uneconomic to repair, her partner pursuaded her to take on a HPA for a new car. All the legal side of things are in her name, but he pays the monthly installaments. She feels like this HPA is a huge anchor keeping her in a relationships that she hates. She cannot afford the monthly payments on her own, and is desperate to find out if there is anything she can do. I know nothing about HPA contracts, but i did know about a great forum to ask. I have attached 2 photos of the front page of the HPA, 1 is a close up. Can anyone please advise if their is any way out of this that isnt going to cost a lot? or, is she essentially stuck with this contact and monthly commitment?
